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The defendant shall be innocent.
Reasons
1. The Defendant: (a) around January 5, 2012, at the site of electric house construction in Chuncheon City around January 5, 2012; (b) the Defendant was able to use the river site amounting to approximately KRW 800 square meters around the said land purchased by the victim D through the introduction of the Defendant only for the purpose of entering farmland and housing; and (c) there was no plan to leave the said site to individuals in the State; (d) so that the Defendant could not be able to lawfully perform civil engineering works in the said river site; or (e) the public officials belonging to Chuncheon City would not be able to receive the victim from the said river site by paying the cost to the public officials belonging to Chuncheon City. Meanwhile, even if the Defendant received the payment for construction from the victim for the said river site under the pretext of the cost of civil construction works, etc. of the said river site, the Defendant did not think that part of the construction work was personal use, and thus, the victim would have “the construction work cost so reduced so that it
The Defendant, as such, by deceiving the victim, received a total of KRW 130 million from January 17, 2012 to May 9, 2012 as the cost of civil engineering works, etc., for a total of ten times from around January 17, 2012 to KRW 131 million.
2. Determination
A. According to the facts charged in the instant case, the Defendant’s deception means that the Defendant would be allowed to withdraw from the State on the river site around C at the time the victim purchased the river site around C at the time of Chuncheon.
For this reason, the defendant uses the river site.
In this regard, it is argued that he only made a phrase that he could not receive any gender, and that he did not make a civil construction work by promising to receive it.
B. There is a statement between D and the investigative agency as evidence consistent with the deception of the above facts charged.
However, considering the following circumstances, D’s statements are difficult to believe as they are.
(1) The above E-land purchased by D is 1837 square meters, and is also 1837 square meters.